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Workplace Discrimination · California & New York

Pregnancy Discrimination Attorney

Dealing with a pregnancy discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Pregnancy Discrimination Scenarios

You were denied a promotion or pay raise because you were pregnant or planning to become pregnant
Your employer reduced your responsibilities or excluded you from projects after learning of your pregnancy
Interview questions focused on your family plans or pregnancy status
You were treated less favorably than employees with similar temporary medical conditions
Your employer failed to accommodate pregnancy-related limitations despite accommodating other temporary conditions

Your Employment Rights in California & New York

If you have experienced pregnancy discrimination, both California and New York law provide strong protections. You may be entitled to:

  • Back pay and lost wages recovery
  • Compensatory damages for emotional distress
  • Punitive damages in cases of egregious conduct
  • Attorney's fees and litigation costs paid by the employer

Pregnancy Discrimination FAQ

How is pregnancy discrimination different from pregnancy-related termination?

Pregnancy discrimination encompasses all adverse actions — not just firing — including failure to hire, demotion, pay reduction, denial of promotions, harassment, and failure to accommodate. It covers discrimination during pregnancy, childbirth, and related medical conditions. The Pregnancy Discrimination Act, FEHA, and New York law prohibit all forms of pregnancy-based adverse treatment.

Must my employer accommodate pregnancy-related limitations?

Yes. The federal Pregnant Workers Fairness Act (2023) requires employers with 15+ employees to provide reasonable accommodations. California requires employers with 5+ employees to accommodate pregnancy disability (Gov. Code § 12945). New York's Pregnant Workers Fairness Act requires accommodations from all employers with 4+ employees. Accommodations can include modified duties, extra breaks, and schedule changes.

Can an employer ask about pregnancy during a job interview?

No. Asking about pregnancy, family planning, or childcare arrangements during interviews is prohibited under Title VII, FEHA, and New York law. Such questions constitute direct evidence of pregnancy discrimination if an adverse hiring decision follows. If you were asked these questions and not hired, you may have a strong discrimination claim.

What if I was denied a promotion because of my pregnancy?

Being passed over for a promotion because of pregnancy violates federal, California, and New York law. Document your qualifications, the timeline of events, any comments about your pregnancy, and the qualifications of the person who received the promotion. Evidence that you were on track for promotion before your pregnancy became known is particularly compelling.

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